Tag Archives: Supreme Court

Marriage and the Supreme Court. As I write this on Wednesday (due to bulletin deadlines) news of the Supreme Court of the United States’ (“SCOTUS”) 5-4 decision on “gay marriage” is being announced. Although there is still much to digest in this ruling, it seems clear that it is a split decision: SCOTUS has partially struck down and partially left intact the Defense of Marriage Act (“DOMA”). Specifically, it has struck down the requirement that the federal government recognize only traditional male-female marriage in applying federal law, finding that the federal government is bound to abide by the definition of marriage as determined by the particular states. This means that the federal tax dollars paid by citizens of the 38 states that reject “gay marriage” will go to support the “gay marriages” from the 12 states that allow them. For example, your tax dollars will go to pay Social Security and military survivor’s benefits to “gay surviving spouses.”

It is important to note that the court stopped short of finding a federal constitutional right to “gay marriage,” so that it left intact that part of DOMA that allows the states to not be bound by other states’ laws allowing “gay marriages.” I suppose we should be grateful that SCOTUS restrained itself in this way, but this restraint seems to indicate only a temporary reprieve. Consider that Justice Kennedy, who wrote the opinion and was the swing vote, wrote that:

“…no legitimate purpose overcomes the purpose and effect to disparage and injure those whom [a particular state], by its marriage laws, sought to protect in personhood and dignity… treating those persons as living in marriages less respected than others….”

This seems to say that the constitution prohibits the federal government from respecting “gay marriage” less than traditional (male-female) marriage, and that to do so unconstitutionally “injures” “gays.” While it wraps itself in a “states’ rights” argument, it strikes me that this type of logic sets the stage for lower federal courts to soon discover a right to “gay marriage” in the constitution.

[In a related case SCOTUS passed the buck on the California “Proposition 8” case. Based on a technicality it said it could not rule on the case itself and so left intact the U.S. District Court’s decision that rejected the California’s voter’s decision to ban “gay marriage.” Recall that the government of the State of California had decided not to appeal the District Court’s ruling. SCOTUS ruled that the citizens’ organization that had attempted to appeal the case lacked “standing” to appeal. The net effect is that in spite of the voters’ decision, “gay marriage” is permitted in California.]

It seems we’re fighting a rear guard action as we’re slowly being beaten back from the battle. But we must keep fighting the good fight, and praying for Divine intervention. Remember, the George Washington’s army waged war for years against an overwhelmingly superior force, sustaining multiple defeats and causalities with only a handful of victories, and suffered catastrophic mutinies and desertions. But in the end, by God’s providence, we prevailed.

Fortnight for Freedom. All this, of course, takes place during the Church’s “fortnight for freedom”—two weeks of prayer, sacrifice and action to defend our religious liberty. The issue of “gay marriage” is part of this struggle, especially as SCOTUS argues that to stand against “gay marriage” is “to disparage and injure” “gay” people. Even now faithful Catholics are viciously attacked by many in the “mainstream” of American life, calling us “hateful” and “intolerant” because our stand in support of traditional/natural marriage. How long before the courts or legislatures agree, and enshrine this and other rising examples of anti-Catholicism in our laws ?

Anti-Catholicism has always been around in America, but it’s been on a steady rise for the last 5 decades, and especially in last five years as Catholic values that had once been part of our truly common American values have been thrown aside, and their moral opposites installed by our government as now “sacred.”

This anti-Catholicism came to a head in January of last year as our President and his Secretary of Health and Human Services issued regulations (as part of Obamacare) that would force Catholic business owners, charitable organizations, schools, colleges and even, in many cases, the Catholic Church itself, to provide all their employees with health insurance that covers contraception, sterilization and abortion-inducing drugs.

But don’t be misled: this is not about political parties. In my homily last Sunday (available on our website) I went into detail discussing how in 1875 the Republican Party, controlling most of the federal government, tried to force Catholics to attend government-run public schools, where they could be indoctrinated with Protestant values and teachings. The party that was founded just 20 years earlier principally to fight the oppression of people of different races (slavery), went on to promote the oppression of people of different religions, i.e., Catholics.

Now, in 2012, the Democrat Party, controlling most of the federal government, is trying to force secular humanist values on Catholics. The party that not so long ago was the main party of faithful Catholics and which has lately been a champion of equal rights for all races, has now has become the champion of the oppression of faithful Catholics. But make no mistake—all too many Republics join them in this anti-Catholicism.

Through all this we find our would-be oppressors wrapping themselves in the flag, and calling for “unity.” But unity with what, and with whom? St. Paul tells us: “you who were baptized into Christ have clothed yourselves with Christ. There is neither Jew nor Greek…for you are all one in Christ Jesus.”

For Catholics, when it comes down to following Christ, we can neither be Republican or Democrat, American or non-American. We should proudly waive the Stars and Stripes, but we must first truly “clothe” ourselves in the teaching of Christ and His Church.

Our bishops have called on us to defend our Religious Liberty at all times,
but especially during the ““Fortnight for Freedom,” these 2 weeks between June 21, the vigil of the Feast of St. Thomas More, and July 4, the day Americans declared war to defend our God-given liberties.

In each of these last days of the Fortnight please join me in defending liberty by daily: praying the “Prayer for Religious Freedom”; praying the Rosary; praying the Novena to St. Thomas More; and offering special penances/sacrifices (including abstaining from meat on Wednesday). Most especially I ask you to join me at the remaining evening Holy Hours this week (see below) and Mass on July the 4th.

As we begin this week celebrating American Freedom, let us stand up as Americans in word and deed against those who would take away our Religious Liberty, even as we kneel down as Catholics in prayer and adoration before the God who sets us truly free.